An appellate judge shared a video of himself disassembling multiple firearms in an unusual dissent against the court’s decision to uphold California’s ban on gun magazines that hold more than 10 rounds of ammunition.
During the video, Judge Lawrence VanDyke of the U.S. Court of Appeals for the 9th Circuit said his colleagues have a “basic misunderstanding of how firearms work.”
Throughout the 18-minute video, VanDyke said large-capacity magazines should be covered under the Second Amendment. He argued that the magazines can allow the gun to function better, and should be considered functional parts, not accessories. He said he had planned to voice his arguments in his dissent but found it “obviously much more effective to simply show you.” He stated that the guns featured in the video were inoperable for safety reasons.
U.S. Court of Appeals for the 9th Circuit 
His colleagues on the 9th U.S. Circuit Court of Appeals ruled that a law banning large-capacity gun magazines was allowed under the Second Amendment, finding in a 7-4 decision that large-capacity magazines are not considered “arms” or “protected accessories.” The dissenting judges, including VanDyke, wrote that magazines holding more than 10 rounds are “the most common magazines in the country” and are sold with most guns.
In her concurrence with the ruling, Judge Marsha Berzon criticized VanDyke’s video, saying that he had “in essence appointed himself as an expert witness in the case” and provided “a factual presentation with the express aim of convincing the readers of his view of the facts without complying with any of the procedural safeguards that usually apply to experts and their testimony, while simultaneously serving on the panel deciding the case.”
Berzon also called it “wildly improper” and said it should be commented on “lest the genre proliferate.”
VanDyke was nominated by President Trump during his first term and confirmed in December 2019. The Senate confirmed him in a 51-44 vote.
